CITY COUNCIL STAFF REPORT

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1 COUNCIL AGENDA: 04/11/17 ITEM: W\0^ CITY OF e: :SS SAN JOSE CAPITAL OF SILICON VALLEY CITY COUNCIL STAFF REPORT File No. C Applicant: Alex Rubashevsky Location Northwest corner of Oakland Road and Berryessa Road (920 Oakland Road) Existing Zoning LI Light Industrial Proposed Zoning CP Commercial Pedestrian Council District 3 Historic Resource No Annexation Date: January 2,1942 CEQA: Determination of Consistency with the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (Resolution No ) and the Envision San Jose 2040 General Plan Supplemental Environmental Impact Report (Resolution No ) APPLICATION SUMMARY: Conforming Rezoning from the LI Light Industrial Zoning District to the CP Commercial Pedestrian Zoning District on a 0.07-gross acre site. RECOMMENDATION: Staff recommends that the City Council consider the Determination of Consistency with the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (Resolution No.76041), and the Envision San Jose 2040 General Plan Final Supplemental Environmental Impact Report (Resolution No.77617), and approve the proposed Conforming Rezoning from the LI Light Industrial Zoning District to the CP Commercial Pedestrian Zoning District. PROJECT DATA GENERAL PLAN CONSISTENCY General Plan Designation Neighborhood/Community Commercial X Consistent O Inconsistent Consistent Policies Implementation Policies IP-1.6, IP-1.7, and IP-8.2 Inconsistent Policies None SURROUNDING USES General Plan Land Use Zoning Existing Use North Urban Residential A(PD) Planned Development Residential Development

2 Subject: File No. C Page 2 South Neighborhood/Community Commercial LI Light Industrial East Residential Neighborhood A(PD) Planned Development West Neighborhood/Community LI Light Industrial Commercial Mixed Use, commercial/residential Residential Development Industrial office RELATED APPROVALS Date Action 01/2/1942 Site annexed from County of Santa Clara into the City of San Jose (Orchard No.2) 12/19/03 File No. AD : Permit, adjustment for exterior modifications to include replacing existing windows and doors and new fabric awnings Pending File No. H17-014: Site Development Permit for exterior modifications to an existing legal non-conforming building PROJECT DESCRIPTION On June 22, 2016, the applicant applied for a Conforming Rezoning from the LI Light Industrial Zoning District to the CP Commercial Pedestrian Zoning District of the 0.07-gross acre site. The proposed CP zoning will allow a range of pedestrian-oriented commercial uses to serve the surrounding area, and the applicant has submitted a Site Development Permit application to allow the development of a mix of commercial uses within the existing legal non-conforming building on the site. Proposed uses include retail or a restaurant on the ground floor and offices on the second floor. The Site Development Permit application would also allow exterior modifications to the existing building to make it more attractive and accessible for pedestrianoriented uses. Site Description and Surrounding Uses The subject site is a legal non-conforming lot (i.e., less than the required minimum lot size of 10,000 square feet) located on the southwest corner of Old Oakland Road and Berryessa Road, at 920 Oakland Road (see Figure 1).

3 Subject: File No. C Page 3 Figure 1: Project Site The subject site has an existing two-story building (approximately 4,000 square feet) which is currently vacant, but was historically used as a bar (Rock Castle Tavern) with a residential apartment on the second floor. The site is surrounded by multi-family residential development beyond Berryessa Road to the north, two-family and single-family residential development to the east, mixed-use commercial to the south, and industrial office uses beyond Old Oakland Road to the west. ANALYSIS The proposed Conforming Rezoning was analyzed for consistency with: 1) the Envision San Jose 2040 General Plan; 2) the Zoning Ordinance, and 3) the California Environmental Quality Act (CEQA). Envision San Jose 2040 General Plan Conformance The subject property is designated as Neighborhood/Community Commercial on the Envision San Jose 2040 General Plan Land Use/Transportation Diagram (see Figure 2). This designation supports a very broad range of commercial activity, including commercial uses that serve the communities in neighboring areas, such as neighborhood serving retail and services and commercial/professional office development. Neighborhood/Community Commercial areas should promote walking, transit use and public interaction. The proposed rezoning will allow redevelopment of the site with a mix of commercial uses that would improve the area and provide services and businesses to serve the nearby residential community.

Subject: File No. C16-030 Page 4 This conforming rezoning is consistent with the following General Plan policies: 1. Implementation Policy IP-1.

4 Subject: File No. C Page 4 This conforming rezoning is consistent with the following General Plan policies: 1. Implementation Policy IP-1.6: Ensure that proposals to rezone and pre-zone properties conform to the Land Use/Transportation Diagram and advance Envision General Plan vision, goals, and policies. Analysis: The proposed conforming rezoning would allow a mix of commercial uses in an existing vacant building. The mix of commercial uses would help activate the street corner at Oakland Road and Berryessa Road and provide services to nearby residents. Active ground floor uses, such as retail and restaurants, would be appropriate at this location and would encourage pedestrian activity along the street, consistent with the General Plan. 2. Implementation Policy IP-1.7: Use standard Zoning Districts to promote consistent development patterns when implementing new land use entitlements. Limit use of the Planned Development Zoning process to unique types of development or land uses which cannot be implemented through standard Zoning Districts, or to sites with unusual physical characteristics that require special consideration due to those constraints. Analysis: The proposed CP Commercial Pedestrian Zoning District conforms to the General Plan designation of Neighborhood/Community Commercial for this area. CP Commercial Pedestrian zoning at this site would promote a consistent development pattern and allow commercial uses such as office, retail and restaurant uses in a vacant building. 3. Implementation Policy IP-8.2: Use the City's conventional zoning districts, contained in its Zoning Ordinance, to implement the Envision General Plan Land Use/Transportation Diagram. These districts include a range of allowed land uses, development intensities, and standards within major land use categories (residential, commercial and industrial) together with zoning districts for other land uses such as mixed-use and open space. The various

5 Subject: File No. C Page 5 ranges of allowed use and development intensity correspond generally to the respective Envision General Plan land use designations, while providing greater detail as to the appropriate land uses and form of development. Analysis: The proposed rezoning to the CP Commercial Pedestrian Zoning District conforms to the existing General Plan Land Use/Transportation Diagram designation of Neighborhood/Community Commercial for the subject site. The existing LI Light Industrial Zoning District allows industrial uses that would be incompatible with the existing residential development adjacent to the subject site. The proposed CP Commercial Pedestrian Zoning District would allow a range of land uses at an appropriate scale for this location. Zoning Ordinance Conformance The current zoning at the subject site is LI Light Industrial Zoning District which does not conform to the General Plan designation of Neighborhood/Community Commercial (see Figure 3). The retail, restaurant, outdoor dining and office uses would not be supported by the existing LI Light Industrial Zoning District. The proposed rezoning is consistent with the General Plan policies and the current General plan designation of Neighborhood/Community Commercial, and would support redevelopment of an existing vacant building. Rezoning the subject site from LI Light Industrial Zoning District to CP Commercial Pedestrian Zoning District would allow a greater variety of permitted, special and conditional land uses to be considered for development. Figure 3: Zoning District Map

6 Subject: File No. CI6-030 Page 6 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed Conforming Rezoning will change the current LI Light Industrial Zoning District to CP Commercial Pedestrian Zoning District on a 0.07-gross acre site. No new or more significant environmental impacts beyond those identified in the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (FPEIR) and the Envision San Jose 2040 General Plan Supplemental EIR (SEIR) have been identified, nor have any new mitigation measures or alternatives which are considerably different from those analyzed in the FPEIR and SEIR been identified. Pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San Jose has determined that the proposed rezoning is pursuant to, in furtherance of and within the scope of the Envision San Jose 2040 General Plan Final Program Environmental Impact Report (FPEIR). Findings for the FPEIR were adopted by City Council Resolution No on November 1, 2011, and the Supplemental EIR adopted by City Council Resolution No on December 15, The FPEIR and SEIR were prepared for the comprehensive update and revision of all elements of the City of San Jose General Plan, including an extension of the planning timeframe to the year The proposed rezoning does not involve new significant effects beyond those analyzed in the FPEIR and SEIR. PUBLIC HEARING NOTIFICATION To inform the public of the proposed project, staff followed Council Policy 6-30: Public Outreach Policy. A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the project site and posted on the City website. The City Council Staff Report is also posted on the City's website. Staff has been available to respond to questions from the public. Approved by: /s/ Harry Freitas, Director of Planning, Building and Code Enforcement For questions, please contact Planning Official, Steve McHarris, at (408) Attachment: Legal Description

7 LEGAL DESCRIPTION EXHIBIT 'A' The land referred to herein below is situated in the City of San Jose, County of Santa Clara, State of California and is described as follows: Portion of Lot 3, Block 12, West, Map of Vestal's Subdivision in the City of San Jose, filed on September 23, 1903, in Map Book "F-3", Page 39, Santa Clara County Records, described as follows: Beginning at the point of intersection of the southerly line of Berryessa Road with the easterly line of Milpitas Road, and thence along the easterly line of Milpitas Road, southerly feet; thence parallel with the northerly line of Rose Street; easterly feet; thence at right angles northerly feet to the southerly line of Berryessa Road; and thence along said southerly line of Berryessa Road, westerly feet to the point of beginning. Excepting therefrom so much thereof as conveyed to the State of California, for highway purposes, by deed dated April 1, 1931, as follows: Commencing at the most southerly corner of said Lot 3, distant North 59 14' East feet from Station "B" 379/55.51 P.O.T, on the centerline of the survey for the relocation of the state highway between Coyote Creek and San Jose, know as Road IV Santa Clara County, Route 5, Section A; thence from said point of commencement along the southeasterly line of said Lot, North 59 14' East feet to a point on a line parallel with and 65 feet easterly at right angles from the centerline of said survey; thence along said parallel line, North 7 01' 30" West feet to a point on the southerly line of Berryessa Road, being the northwesterly line of said Lot; thence along said lot line South 46 48' West feet to the most westerly corner thereof; thence along the westerly line of said lot, being the easterly line of Milpitas Road, South 7 02' East feet to the point of commencement. END OF DESCRIPTION This description was copied from the EXHIBIT "A" Legal Description portion of the Grant Deed from KST Partners LLC A California Limited Liability Company to Vladimir Rubashevsky and Galina Rubashevsky, husband and wife as community property with right of survivorship, recorded on March 23, 2016 as Document No of Official Records, Santa Clara County records. Kristina D. Comerer, PLS 6766

8 EXISTING ZONING: LIGHT INDUSTRIAL PROPOSED ZONING: COMMERCIAL PEDESTRIAN,^SS N HO ^ BOUNDARY PLAT APN OAKLAND ROAD SAN JOSE. CAUFORNIA 50' SCALE: 1" = 40' LJ p uj 00 ct: i CO 1_U CO LJ en CL ^ 5 CK ] O - O o LEGEND E. HEDDING STREET (FORMERLY ROSA STREET) EXISTING BOUNDARY LINE FORMER LOT LINE o oo DATF: Tcfe. la^to 1" = 40' CROSS LAND SURVEYING. INC MT. PLEASANT ROAD SAN JOSE. CA (408)

RESOLUTION NO. WHEREAS, the Planning Commission of the City certified said General Plan Update FPEIR, which certification was not appealed; and

RESOLUTION NO. WHEREAS, the Planning Commission of the City certified said General Plan Update FPEIR, which certification was not appealed; and RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING THE MONTGOMERY 7 PROPOSED RESIDENTIAL AND RETAIL PROJECT 565 LORRAINE AVENUE ADDENDUM TO THE DIRIDON STATION AREA PLAN FINAL